REVISED RESOLUTION NO. (CM)

Transcription

1 REVISED CITY COUNCIL 7.1e RESOLUTION NO. (CM) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WATSONVILLE AND CCO SOCAL I, LLC., A LIMITED LIABILITY COMPANY, REGARDING COMPLIMENTARY CABLE SERVICES TO PUBLIC FACILITIES AND USE OF A DEDICATED INSTITUTIONAL NETWORK THROUGH JUNE 30, 2014, AND DIRECTING THE CITY MANAGER TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS: 1. That the Memorandum of Understanding between the City of Watsonville and CCO SoCal I, LLC., a limited liability company, regarding complimentary cable services to public facilities and use of a dedicated Institutional Network through June 30, 2014, a copy of which is attached hereto and incorporated herein by this reference, is fair and equitable and is hereby ratified and approved. 2. That the City Manager be and is hereby authorized and directed to execute such Memorandum of Understanding for and on behalf of the City of Watsonville. *************************************** Reso No. (CM) Q:\COUNCIL\2013\091013\Agreement MOU with CCO (Charter).docx ri 9/10/ :26:32 AM AJS CJP CM 1

2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WATSONVILLE AND CCO SOCAL I, LLC REGARDING COMPLIMENTARY CABLE SERVICES TO PUBLIC FACILITIES THIS MEMORANDUM OF UNDERSTANDING is entered into by and between the City of Watsonville, a duly authorized municipal corporation of the State of California ("City"), and CCO SoCal I, LLC ( Charter ) this day of September The City and Charter agree as follows: IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: WHEREAS, Charter Communications, Inc has operated a Cable System in the City pursuant to City Ordinance No (CM), dated June 9, 1998 and Franchise Agreement authorized by Resolution No (CM), dated April 11, 2000 (Local Franchise); and WHEREAS, on September 29, 2009, Charter applied to the CPUC to amend State Franchise No issued to Charter Communications Properties LLC (CCP LLC), to include the City of Watsonville (State Franchise) under Section 5920(c) related to a telecommunications competitor entering the video marketplace; and WHEREAS, on November 1, 2011, CCP LLC amended its State Franchise to name CCO SoCal I, LLC as the holder of the State Franchise; WHEREAS, the Digital Infrastructure Video and Competition Act of 2006 (DIVCA) requires that when a competitor enters the marketplace and notifies the incumbent cable operator, the incumbent cable operator has the right to move the local franchise to a State Franchise; and Page 1 of 5

3 WHEREAS, DIVCA also requires that the incumbent cable operator must continue providing free cable services to community buildings and fulfills Institutional Network (I-NET) obligations under the terms identified in the local franchise until the natural expiration of the former franchise; and WHEREAS, a dispute has arisen between Charter and the City regarding the natural expiration date of the Local Franchise; WHEREAS, Charter and the City desires to establish a Memorandum of Understanding (MOU) between the City and Charter regarding complimentary cable services to public facilities and fiber access through an I-NET provided to the City under the former cable franchise; and WHEREAS, The City Council has determined that public interest would be served by this MOU agreement with Charter. NOW, THEREFORE, the City and Charter do hereby agree as follows: The City agrees that the State Franchise governs. 1. Service to Public Facilities a. Charter agrees to continue providing one (1) courtesy outlet of basic cable video service to all public facilities listed below until June 30, 2014, after which, all complimentary services will be transitioned to a paying status with Charter s business services. The City will notify Charter Business prior to June 30, 2014 of locations, if any, that should continue to receive basic cable services on a paying status. Page 2 of 5

4 PUBLIC FACILITIES ADDRESS City of Watsonville Buildings Watsonville Ramsay Family Center 1301 Main Street Watsonville Senior Center 114 E 5 th Street Watsonville Marinovich Community Center nd Street Watsonville GHWR Youth Center 30 Maple Ave Watsonville Child Care Center 32 Madison Street City Administration Civic Plaza 275 Main Street, Suite 400 Watsonville Fire Department Station nd St Watsonville Fire Department Station Airport Blvd Watsonville Main Library 275 Main Street, Suite 100 Cabrillo Community College 310 Union Street Old City Hall 250 Main Street Watsonville Veteran Memorial Hall 215 East Beach St. City of Watsonville ECYN Computer Lab 231 Union Street Watsonville Police Department 215 Union Street. Fowle Reservoir 1509 Freedom Blvd. Watsonville Municipal Airport 100 Aviation Way Municipal Service Center 320 Harvest Drive Watsonville Police Department 215 Union St. Fowle Reservoir 1509 Freedom Blvd. Watsonville Municipal Airport 100 Aviation Way Municipal Service Center 320 Harvest Drive PVUSD Public Schools EA Hall Middle School 201 Brewington Ave Watsonville High School 250 Beach Street HA Hyde Elementary School 125 Alta Vista St. Linscott Elementary School 220 Elm St. MacQuidy School 330 Martinelli St Amesti Elementary School 25 Amesti Rd Calabasas Elementary School 202 Calabasas Rd Tornley School 330 Martinelli St, Rear New Pajaro School 521 Main St. Ste R Ohlone Elementary School 21 Bay Farms Rd Starlight Elementary School 225 Hammer Dr. b. In addition, the following three (3) locations currently receiving the lowest speed of high speed data service (5mg upstream /512kbs downstream) will continue to receive one (1) free outlet of that current level of Internet service, subject to Charter s acceptable use policy, until June 30, 2014, after which, all complimentary services will be transitioned to a paying status with Charter Business Services. Page 3 of 5

5 The one (1) connection to the three (3) locations shall be made to one (1) computer and shall not be used to connect to an Ethernet router, a wireless router or for any other wireless or wired networking purpose not otherwise authorized herein: i. Watsonville Fire Department Station 2, 370 Airport Blvd, Watsonville; ii. City of Watsonville ECYN Computer Lab, 231 Union Street, Watsonville; and iii. New Pajaro School, 521 Main St. Ste R, Watsonville. The City will notify Charter Business prior to June 30, 2014 of locations, if any, that should continue to receive high speed data services on a paying status. 2. Dedicated Fiber I-NET. Charter agrees to continue providing dedicated dark fiber optic cable for video and data transmission to all public facilities listed below and identified in I-Net fiber map in Exhibit A under the terms and conditions included in the agreement known as the Master Fiber Agreement until June 30, After which, all I-NET complimentary services will be transitioned to a paying status with Charter Business Services. The City will notify Charter Business Services prior to June 30, 2014 of locations, if any, that should continue to receive I-NET Services on a paying status. 1. Watsonville Fire Station #2 2. Freedom Branch Library 3. Fowle Reservoir 4. Ramsay Park Family Center 5. Wastewater Treatment Facility 6. Watsonville Vets Hall 7. Watsonville High School, Video Academy (Rm. 126) 8. Watsonville Civic Plaza Council Chambers 3. The City acknowledges that CCO SoCal I, LLC provides Broadband service to the City of Watsonville as a State Franchise holder under the oversight of the California Public Utilities Commission Video Franchise Division and agrees that, except Page 4 of 5

6 as provided herein above, all provisions of DIVCA that apply to the holders of a State Franchise are applicable to the services provided by CCO SoCal I, LLC to the City. IN WITNESS WHEREOF, the parties hereto have executed this MOU the day and year first hereinabove written. CITY CITY OF WATSONVILLE CHARTER CCO SOCAL I, LLC By Carlos J. Palacios City Manager By Mark E. Brown Corporate Vice President, Gov Affairs Charter Communications, Inc ATTEST: By Beatriz V. Flores City Clerk APPROVED AS TO FORM: By Alan J. Smith City Attorney Page 5 of 5

7 1 of 1

8 CITY COUNCIL 7.1e RESOLUTION NO. (CM) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WATSONVILLE AND CHARTER COMMUNICATIONS, INC., A CORPORATION, REGARDING COMPLIMENTARY CABLE SERVICES TO PUBLIC FACILITIES AND USE OF A DEDICATED INSTITUTIONAL NETWORK THROUGH JUNE 30, 2014, AND DIRECTING THE CITY MANAGER TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS: 1. That the Memorandum of Understanding between the City of Watsonville and Charter Communications, Inc., a corporation, regarding complimentary cable services to public facilities and use of a dedicated Institutional Network through June 30, 2014, a copy of which is attached hereto and incorporated herein by this reference, is fair and equitable and is hereby ratified and approved. 2. That the City Manager be and is hereby authorized and directed to execute such Memorandum of Understanding for and on behalf of the City of Watsonville. *************************************** Reso No. (CM) Q:\COUNCIL\2013\091013\Agreement MOU with Charter Comm.docx ri 9/5/ :54:33 AM AJS CJP CM 1

9 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WATSONVILLE AND CHARTER COMMUNICATIONS, INC. REGARDING COMPLIMENTARY CABLE SERVICES TO PUBLIC FACILITIES THIS MEMORANDUM OF UNDERSTANDING is entered into by and between the City of Watsonville, a duly authorized municipal corporation of the State of California ("City"), and Charter Communications, Inc., ( Charter ) this day of September The City and Charter agree as follows: IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: WHEREAS, Charter has operated a Cable System in the City pursuant to City Ordinance No (CM), dated June 9, 1998 and Franchise Agreement authorized by Resolution No (CM), dated April 11, 2000 (Local Franchise); and WHEREAS, on September 29, 2009, Charter applied to the CPUC to amend State Franchise No issued to Charter Communications Properties LLC (CCP LLC), to include the City of Watsonville (State Franchise) under Section 5920(c) related to a telecommunications competitor entering the video marketplace; and WHEREAS, on November 1, 2011,CCP LLC amended its State Franchise to name CCO So Cal I as the holder of the State Franchise; WHEREAS, the Digital Infrastructure Video and Competition Act of 2006 (DIVCA) requires that when a competitor enters the marketplace and notifies the incumbent cable operator, the incumbent cable operator has the right to move the local franchise to a State Franchise; and Page 1 of 5

10 WHEREAS, DIVCA also requires that the incumbent cable operator must continue providing free cable services to community buildings and fulfills Institutional Network (I-NET) obligations under the terms identified in the local franchise until the natural expiration of the former franchise; and WHEREAS, a dispute has arisen between Charter and the City regarding the natural expiration date of the Local Franchise; WHEREAS, Charter and the City desires to establish a Memorandum of Understanding (MOU) between the City and Charter regarding complimentary cable services to public facilities and fiber access through an I-NET provided to the City under the former cable franchise; and WHEREAS, The City Council has determined that public interest would be served by this MOU agreement with Charter. NOW, THEREFORE, the City and Charter do hereby agree as follows: The City agrees that the State Franchise governs. 1. Service to Public Facilities a. Charter agrees to continue providing one (1) courtesy outlet of basic cable video service to all public facilities listed below until June 30, 2014, after which, all complimentary services will be transitioned to a paying status with Charter s business services. The City will notify Charter Business prior to June 30, 2014 of locations, if any, that should continue to receive basic cable services on a paying status. Page 2 of 5

11 PUBLIC FACILITIES ADDRESS City of Watsonville Buildings Watsonville Ramsay Family Center 1301 Main Street Watsonville Senior Center 114 E 5 th Street Watsonville Marinovich Community Center nd Street Watsonville GHWR Youth Center 30 Maple Ave Watsonville Child Care Center 32 Madison Street City Administration Civic Plaza 275 Main Street, Suite 400 Watsonville Fire Department Station nd St Watsonville Fire Department Station Airport Blvd Watsonville Main Library 275 Main Street, Suite 100 Cabrillo Community College 310 Union Street Old City Hall 250 Main Street Watsonville Veteran Memorial Hall 215 East Beach St. City of Watsonville ECYN Computer Lab 231 Union Street Watsonville Police Department 215 Union Street. Fowle Reservoir 1509 Freedom Blvd. Watsonville Municipal Airport 100 Aviation Way Municipal Service Center 320 Harvest Drive Watsonville Police Department 215 Union St. Fowle Reservoir 1509 Freedom Blvd. Watsonville Municipal Airport 100 Aviation Way Municipal Service Center 320 Harvest Drive PVUSD Public Schools EA Hall Middle School 201 Brewington Ave Watsonville High School 250 Beach Street HA Hyde Elementary School 125 Alta Vista St. Linscott Elementary School 220 Elm St. MacQuidy School 330 Martinelli St Amesti Elementary School 25 Amesti Rd Calabasas Elementary School 202 Calabasas Rd Tornley School 330 Martinelli St, Rear New Pajaro School 521 Main St. Ste R Ohlone Elementary School 21 Bay Farms Rd Starlight Elementary School 225 Hammer Dr. b. In addition, the following three (3) locations currently receiving the lowest speed of high speed data service (5mg upstream /512kbs downstream) will continue to receive one (1) free outlet of that current level of internet service, subject to Charter s acceptable use policy, until June 30, 2014, after which, all complimentary services will be transitioned to a paying status with Charter Business Services. Page 3 of 5

12 The one (1) connection to the three (3) locations shall be made to one (1) computer and shall not be used to connect to an Ethernet router, a wireless router or for any other wireless or wired networking purpose not otherwise authorized herein: i. Watsonville Fire Department Station 2, 370 Airport Blvd, Watsonville; ii. City of Watsonville ECYN Computer Lab, 231 Union Street, Watsonville; and iii. New Pajaro School, 521 Main St. Ste R, Watsonville. The City will notify Charter Business prior to June 30, 2014 of locations, if any, that should continue to receive high speed data services on a paying status. 2. Dedicated Fiber I-NET. Charter agrees to continue providing dedicated dark fiber optic cable for video and data transmission to all public facilities listed below and identified in I-Net fiber map in Exhibit A under the terms and conditions included in Exhibit A known as the Master Fiber Agreement until June 30, After which, all I- NET complimentary services will be transitioned to a paying status with Charter Business Services. The City will notify Charter Business prior to June 30, 2014 of locations, if any, that should continue to receive I-NET Services on a paying status. 1. Watsonville Fire Station #2 2. Freedom Branch Library 3. Fowle Reservoir 4. Ramsay Park Family Center 5. Wastewater Treatment Facility 6. Watsonville Vets Hall 7. Watsonville High School, Video Academy (Rm. 126) 8. Watsonville Civic Plaza Council Chambers 3. The City acknowledges that CCO So Cal I provides Broadband service to the City of Watsonville as a State Franchise holder under the oversight of the California Public Page 4 of 5

13

14 1 of 1